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2 judgments found.


Canada – Patent Protection of Pharmaceutical Products

Country: Canada
Year: 2000
Court: World Trade Organization
Citation: WT/DS114/R
Health Topics: Medicines
Facts:

The European Communities and their member States challenged Sections 55.2(1) and 55.2(2) of the Patent Act of Canada, which created exceptions to the exclusive rights of patent owners, as violating provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS” or “TRIPS Agreement”). Under Article 28.1 of the TRIPS Agreement, parties were to ensure patent owners the …Read more

Tags: Access to drugs, Access to medicines, Drug quality, Drug safety, Generic drugs, Intellectual property, Patents, Pharmaceuticals, TRIPS
Download Judgment: English

India – Patent Protection for Pharmaceutical and Agricultural Chemical Products

Country: India
Year: 1998
Court: World Trade Organization
Citation: WT/DS79/R
Health Topics: Diet and nutrition, Medicines
Facts:

The European Communities (EC) raised issue with India’s efforts to comply with Articles 70.8 and 70.9 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) due to the alleged absence of adequate patent protection for pharmaceutical and agricultural chemical products. Prior to this case, a panel decision addressed the situation in respect to …Read more

Tags: Food, Genetically-modified food, Intellectual property, Manufacturing patents, Patents, Pharmaceuticals, TRIPS
Download Judgment: English
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